Co-ownership by Shares

Real Estate and Property

Prepared by: Constantinople

Holding a defined share in the land register does not mean sole ownership of a particular physical part of the property. Use, management, sale and partition in co-ownership by shares are assessed under separate rules.

Shares and Actual Use

Each co-owner's right extends over the whole undivided thing in proportion to their share. Use of a particular part of a garden or building does not automatically create separate title to it. Use agreements, management decisions and their effect on subsequent co-owners are examined separately. A factual division is not the same as legal partition.

Management and Disposal

Whether a transaction requires one co-owner's decision, a majority of shares and co-owners or participation by all co-owners depends on its type. Sale of a share to a third party may trigger a right of pre-emption. Transfers or important transactions affecting the entire property differ in scope from disposal of one's individual share.

Options in a Dispute

Determination of use, prevention of interference, compensation for use where requirements are met, and dissolution of co-ownership serve different purposes. Limits on a partition request and the possibility of division in kind are investigated. The property's nature and special legislation may affect the outcome of sale or division.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Current title showing shares
• Use and management agreements
• Share transfer documents
• Expense and rental records
• Notices and previous proceedings, if any

Why Do the Particular Circumstances Matter?

For example, one sibling's use of an entire building does not mean that every other co-owner must pursue the same claim. The use arrangement and desired outcome are identified first; use rights, monetary claims and partition options are distinguished within that framework.